ARS 13-3903: Notice to appear and complaint
The complete text of A.R.S. § 13-3903 on notice to appear and complaint, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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Full Text of A.R.S. § 13-3903
A.R.S. § 13-3903 is the Arizona statute on notice to appear and complaint. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may release the arrested person from custody in lieu of taking the person to a law enforcement facility by use of the procedure prescribed in this section.
B. At any time after taking a person arrested for a misdemeanor offense or a petty offense to a law enforcement facility, the arresting officer, instead of taking the person to a magistrate, may release the person from further custody by use of the procedure prescribed in this section.
C. If a person is arrested for a misdemeanor offense or a petty offense and the offense is listed in section 41-1750, subsection C, the person shall not be released pursuant to this section until the person provides either a fingerprint or a two fingerprint biometric-based identifier to the arresting agency. The arresting agency shall provide to the arrested person a mandatory fingerprint compliance form that includes instructions on reporting to the arresting agency for ten-print fingerprinting, including available times and locations for reporting for ten-print fingerprinting.
D. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may prepare in quadruplicate a written notice to appear and complaint, containing the name and address of the person, the offense charged, and the time and place where and when the person shall appear in court, provided:
1. The time specified in the notice to appear is at least five days after arrest.
2. The place specified in the notice shall be the court specified in section 13-3898.
3. The arrested person, in order to secure release as provided in this section, shall give his written promise so to appear in court by signing at least one copy of the written notice and complaint prepared by the arresting officer. The officer shall deliver a copy of the notice and complaint to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.
4. The officer, as soon as practical, shall deliver the original notice and complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly file the notice and complaint and enter it into the docket of the court.
E. The Arizona traffic ticket and complaint may be utilized not only for the purposes provided by Arizona supreme court rule, but to satisfy the requirements of this section.
F. If a person gives his written promise to appear in court on a designated date pursuant to this section, and thereafter fails to appear, personally or by counsel, on or before that date, the court clerk or other court staff shall file a complaint, in writing, under oath, charging the defendant with a violation of section 13-2506, subsection A, paragraph 2 and issue a warrant for the defendant’s arrest.
G. If the person has not previously been arraigned, on the person’s appearance in court for arraignment on the charge of violating section 13-2506, subsection A, paragraph 2, the court shall also arraign the person on the charge stated in the notice to appear and complaint for which the person had previously promised to appear.
H. This section does not affect a peace officer’s authority to conduct an otherwise lawful search incident to his arrest even though the arrested person is released before being taken to the police station or before a magistrate pursuant to this section.
Source: Arizona Revised Statutes § 13-3903, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Guides From Our Team
Written by our defense team on how these cases run in Arizona courts.
Related Statutes in Chapter 38 — Miscellaneous
- A.R.S. § 13-3885 — Arrest of principal by surety
- A.R.S. § 13-3924 — Unlawful procurement of search warrant without probable cause
- A.R.S. § 13-3864 — Payment of account of agent
- A.R.S. § 13-3981 — Compromise of misdemeanors and petty offenses
- A.R.S. § 13-3824 — Violation
- A.R.S. § 13-3806 — Duty of physician or attendant upon treating certain wounds
- A.R.S. § 13-4006 — Unlawful foreign law enforcement activity
- A.R.S. § 13-4145 — Disobedience of command of writ
How § 13-3903 Affects an Arizona Case
§ 13-3903 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Published results in this area
- State v. D.O., Armed robbery and aggravated assault (A.R.S. 13-1904, 13-1204): Dismissed
- State v. W.N., Sexual assault and sexual abuse (13-1406, 13-1404): Case dismissed
- State v. C.K., Reckless driving and racing (28-693, 28-708): Case dismissed
- State v. N.K., Possession of narcotic drugs (13-3408, 13-3415): Diversion
- State v. L.S., Aggravated DUI (28-1383): Probation, no jail
- State v. F.N., Second-degree murder (13-1104): Reduced charge
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Frequently Asked Questions
What is A.R.S. § 13-3903?
A.R.S. § 13-3903 is the Arizona statute on notice to appear and complaint. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-3903?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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